Nicholson v. Karpe
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. This action of replevin wms brought by the defendant im error, as trustee in a deed of trust, to recover certain personal property described therein, as follows: “ One gray mare-mule named Jane, and one dark-bay horse-mule named Helm,, sold to us to-day; one black mare mule named Dinah, one-dark-bay mare-mule named Liz, one bay horse-pony, Billy,, one four-horse iron-axle wagon.”
Read the full summary
Error to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. This action of replevin wms brought by the defendant im error, as trustee in a deed of trust, to recover certain personal property described therein, as follows: “ One gray mare-mule named Jane, and one dark-bay horse-mule named Helm,, sold to us to-day; one black mare mule named Dinah, one-dark-bay mare-mule named Liz, one bay horse-pony, Billy,, one four-horse iron-axle wagon.” There were six grantors-in the deed of trust. The parties waived a trial by jury and submitted the case to the court. The court rendered…
1Opinion of the CourtChalmers, C. J.
"Where a case in the Circuit Court is submitted to the judge without a jury, a general bill of exceptions, embodying all the testimony, may be taken to his judgment, which will be considered by this court although no motion for a new trial is made or acted upon in the court. The statute (Code 1871, sect. 651) authorizes, but does not require, the making of such motion.
The mules and horses sued for were described in the trust-deed through which plaintiff derives title, by color, sex, and name. This was certainly sufficient.
The wagon was described as “one four-horse iron-axle wagon,” without…
2Cited by10 opinions
- Garmon v. FitzgeraldMississippi Supreme Court · 1934
- Hayes v. Slidell Liquor Co.Mississippi Supreme Court · 1911
- Quin v. MylesMississippi Supreme Court · 1882
- National Oats Company, Creditor v. Byron Long, Trustee of North Mississippi Broilers, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1955
- National Foods, Inc. v. FriedrichMississippi Supreme Court · 1935
5 more not listed; retrieve them via the Exa API.